STEELSERIES APS ("STEELSERIES") IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE AND DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE") TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.

PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY. BY OPENING THE PACKAGE OR DOWNLOADING, INSTALLING, OR RUNNING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, STEELSERIES IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT USE OR INSTALL THE SOFTWARE, AND, IF APPLICABLE, YOU SHOULD CLICK THE "I DO NOT ACCEPT" BUTTON BELOW.

1. GRANT OF LICENSE. Subject to the terms and conditions of this Agreement, SteelSeries grants you a personal, non-exclusive, restricted right to install and use one copy of the Software (which includes the following technologies Nahimic Audio Effects, Nahimic Microphone Effects, N-Force Technology) on a single computer or other digital electronic device solely for use in conjunction with the SteelSeries hardware device with which it was shipped, or for which it was intended in accordance with the download instructions. If the Software is provided in multiple versions (for hardware compatibility) or languages, in the preceding sentence "one copy" means one version, in one language format. In addition, you may (i) make one copy of the Software solely for purposes of having a backup copy, provided that you reproduce on that copy all copyright notices and any other confidentiality or proprietary legends that are on the original copy of the Software, or (ii) transfer the Software to a single hard disk provided you keep the original solely as a backup copy. You understand that SteelSeries may update or upgrade the Software at any time and in doing so incurs no obligation to furnish such updates or to you pursuant to this Agreement. Notwithstanding the foregoing, any updates or upgrades to the Software provided to you by SteelSeries are subject to the terms and conditions of this Agreement, except to the extent of any different or additional terms that accompany such update or upgrade.

2. OWNERSHIP. The Software and its accompanying documentation ("Documentation") is and shall remain proprietary products of SteelSeries and its suppliers. SteelSeries and its suppliers shall retain ownership of all patents, copyrights, trademarks, trade names, trade secrets and other intellectual property or proprietary rights in the Software and Documentation. Except as provided in Section 1, you have no right, title or interest in or to the Software or Documentation. The Software is licensed, not sold, to you for use only under the terms of this Agreement. If you agree to be bound by all of the terms of this Agreement, you will only own the media on which the Software has been provided, if any, and not the Software itself.

3. RESTRICTIONS. SteelSeries reserves all rights in the Software and Documentation not expressly granted to you. Except as permitted in Section 1, you may not use, copy, modify, create derivative works of, distribute, sell, assign, pledge, sublicense, lease, loan, rent, timeshare or otherwise transfer the Software or Documentation, nor may you permit any other party to do any of the foregoing. You may not remove from the Software or Documentation, or alter, any of the trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software or Documentation. You may not, either directly or through any third party, reverse engineer, decompile, disassemble, translate, or attempt to derive the source code of the Software or any part thereof. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of your jurisdiction prohibit such restriction in order that you may obtain information necessary to render the Software interoperable with other software; provided, however, that you must first request such information from SteelSeries and SteelSeries in its discretion may, either provide you with such information or impose reasonable conditions, including a reasonable fee, on such use of the Software to ensure SteelSeries’s proprietary rights in the Software are protected.

4. SUPPORT SERVICES. SteelSeries may provide you with support services related to the Software or the SteelSeries hardware device that accompanies it ("Support Services"). Use of Support Services is governed by the SteelSeries policies and programs described in the user manual, online documentation, or other applicable materials provided by SteelSeries. Any supplemental software code provided to you as a part of Support Services shall be considered part of the Software and subject to the terms of this Agreement. With respect to technical information you provide to SteelSeries as part of the Support Services, SteelSeries may use such information in its discretion for its business purposes, including for product support and development.

5. NO WARRANTIES. THE SOFTWARE IS LICENSED TO YOU "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND. STEELSERIES AND STEELSERIES’S SUPPLIERS DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you. This warranty gives you specific legal rights. You may have other legal rights that vary from jurisdiction to jurisdiction.

6. LIMITATION OF LIABILITY. NO STEELSERIES SUPPLIER SHALL HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT. STEELSERIES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS), EVEN IF STEELSERIES OR SUCH SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL STEELSERIES’S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SOFTWARE, REGARDLESS OF THE FORM OF THE ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), EXCEED $100. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you. You acknowledge and agree that this limited liability provision is a fundamental part of the basis of SteelSeries’s bargain hereunder, and SteelSeries would not be willing to provide the Software to you absent such limitations.

7. CONSENT TO USE DATA. The End User agrees that Nahimic Audio Driver may collect and use, with its own software or with third parties' software, technical data, and related information, according to the terms of the privacy policy, which is hereby incorporated by reference and shall apply to the End User.

8. TERMINATION. You may terminate this Agreement at any time. This Agreement shall terminate automatically upon your breach of any term of this Agreement. Upon termination, you shall destroy the Software and the backup copy, if any, you made pursuant to the Agreement.

9. GOVERNMENT END USERS. The Software is a "commercial item" as that term is defined at 48 C.F.R. 2,101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12,212. Consistent with 48 C.F.R. 12,212 and 48 C.F.R. 227,7202-1 through 227,7202-4, all U.S. Government End Users acquire the Software with only those rights set forth herein.

10. EXPORT CONTROL. The Software is subject to the export control laws of the United States and other jurisdictions. You may not export or re-export the Software without the appropriate United States and foreign government licenses. You shall otherwise comply with all applicable export control laws and shall defend, indemnify and hold SteelSeries and all SteelSeries suppliers harmless from any claims arising out of your violation of such export control laws.

11. GENERAL. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of Denmark, without regard to any provision that would cause the laws of another jurisdiction to apply. You agree to the non-exclusive jurisdiction of the Danish courts in connection with any dispute arising out of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written.

BY OPENING THE SOFTWARE PACKAGE OR DOWNLOADING, INSTALLING, OR RUNNING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.